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New Castle, PA

Practice Areas: Probate

A Quiet Title Lawsuit is known under common law as a
suit in equity and is filed for the purpose of establishing the rightful owner
of a piece of real property such as a parcel of land or a home. The need to file a quiet title lawsuit
results from situations where there are multiple parties who are claiming
rightful ownership of the same piece of land or the same house.

Quiet title lawsuits can arise from conflicts
between parties that are part of the same family or between parties who claim
ownership in situation where a deed has be improperly or incompletely recorded
with the registry of deeds or other land registration office. Quiet title lawsuits are also common when a
party that purchased a parcel of property at a tax sale, sheriff’s sale or
judicial sale attempts to resell the parcel.

When a quiet title lawsuit is filed in a court that has jurisdiction to
hear the case, the outcome will determine the party who will be established as
the rightful owner, and will terminate, or quiet,
the claims of ownership from all other parties.

Under
What Circumstances Are Quiet Title Lawsuits Filed?

Quiet title lawsuits are filed where there
is a legitimate claim of ownership by multiple parties to one piece of land. The need to file such a lawsuit occurs when
the previous owner has either improperly or incompletely conveyed a piece of
land by including things such as restrictions on alienation (transferability of
the property) or easements on the land.

A quiet title lawsuit is appropriate in situations where there is not a
proper recording or registration method in use to establish rightful
ownership. Quiet title lawsuits are also
appropriate following a tax sale, sheriff’s sale or judicial sale so that the
purchasing party, the new owner, knows with absolute certainty that no other
parties may ever seek to reclaim the purchased property or impede a sale,
modification or transfer in the future.

Every
state has different rules and laws when it comes to establishing ownership,
notice and recording requirements, but suffice to say that if a registry of
deeds has records on file for a particular parcel, it is unlikely that a quiet
title lawsuit will be fruitful unless there exists a disruption or discrepancy
in the chain of title. For the most
part, the registration and recording system has taken away to need for quiet
title lawsuits and judicial determinations of rightful ownership.

Can
a Quiet Title Lawsuit Remove Liens on Property?

If the owner of a piece of property is
unsuccessful in efforts to have deficiencies such as liens or other
encumbrances removed from the title record, filing a quiet title lawsuit may
help the owner to get the relief they are looking for. A quiet title lawsuit has the ability for an
owner to provide evidence that proves rightful ownership and shows satisfaction
of any liens, such as a mechanics lien, mortgage or other lien judgment
assessed against the value of the property.
Quiet titles can remove all encumbrances, or clouds to title, that
potentially disrupt the sale of property.

Getting Legal Advice Regarding Real Estate Suits

A real
estate attorney is essential to a party considering filing a quiet title
lawsuit. In addition to the fact that
the filing and arbitrating of the case requires the expertise of an attorney,
an experienced lawyer is critical to craft winning arguments and father
essential data and documents. Since the
property laws of every jurisdiction differ, it is very important to seek the
assistance of an attorney who is experienced in the state or land court where
the case will be litigated.